(Mr. Clarke) has been adopted. I understood
from the explanation that the adoption of
this proposition of the gentleman from Alle-
gany (Mr, Hebb) would not affect the right
of the legislature to sell, which the house had
determined upon. The last vote was upon a
prohibition of the power to sell. The propo-
sition to prohibit the legislature from selling,
received three votes. The theory of a sale
seems therefore to be determined upon; at all
events that the legislature should have the
power. I want to understand distinctly
whether this is an addition to the power to
sell, or is it only to have effect after having
sold the public stock, upon the balance after
paying the public debt. whatever it may be)
that it is to be applied in the mode which is
prescribed. Is this amendment to supersede
the whole section ?
Mr. CLARKE. The amendment is to strike
out the while section and put that in,
The PRESIDENT. That is ft substitute for
the section. There is a notice by Mr. THOMAS
of an amendment on page 341 of the journal.
It does not clearly appear whether that was a
substitute for the legislative article or for the
majority report of the committee.
Mr. AUDOUN. It wars the intention of my
colleague to offer it as an amendment to the
article in the legislative report as it stood.
The PRESIDENT. Then it does not come
within the previous question. The question
will now he taken upon the substitute moved
by the gentleman from Allegany (Mr. Hebb.)
The question being taken, the result was—
yeas 21, nays 46—as follows :
Yeas—Messrs. Annan, Baker, Cunningham,
Daniel, Duvall, Ecker, Farrow, Greene, Hebb,
Hopkins, Hopper, Keefer, Morgan. Pugh,
Purnell, Robinette, Smith, of Carroll, Smith,
of Worcester, Stockbridge, Wickard, Wood-
en—21.
Nays— Messrs. Abbott, Audoun, Belt,
Blackiston, Bond, Brown, Carter, Chambers,
Clarke, Davis, of Washington, Dellinger,
Earle, Gale, Galloway, Harwood, Hatch,
Hoffman Hollyday, Horsey, Johnson, Jones,
of Cecil, Kennard, King, Lansdale, Larsh,
Lee, Mace, Marbury, Mayhugh, McComas,
Miller, Murray, Negley, Nyman, Parker,
Parrain, Ridgely, Russell, Schley. Scott,
Sneary, Stirling, Todd, Turner, Valliant,
Wilmer—46.
The PRESIDENT was excused at his request
from voting, being personally interested.
So the amendment was rejected.
The question recurred upon the adoption
of the report of the majority of the committee
as amended.
Mr. DANIEL demanded the yeas and nays,
and they were ordered.
I The question being taken the result was—
yeas 39. nays 28—as follows :
Yeas—Messrs. Abbott, Annan, Audoun,
Melt, Blackiston, Brown, Chambers, Clarke,
Davis, of Washington, Duvall Gale, Gallo- |
way, Harwood, Hatch, Hoffman, Hollyday,
Hopkins, Horsey, Johnson. Jones, of Cecil,
Kennard, King, Lansdale, Larsh, Lee, Mace,
Marbury, Mayhugh, McComas, Miller, Neg-
ley, Parker, Parran, Ridgely, Russell, Schley,
Turner, Valliant, Wilmer—39.
Nays—Messrs. Baker, Bond, Carter, Cun-
ningham, Daniel, Dellinger, Earle, Ecker,
Greene, Hebb, Hopper, Keefer, Morgan, Mur-
ray, Nyman, Pugh, Purnell, Scott, Smith,
of Carroll, Smith, of Worcester, Sneary,
Stirling, Stockbridge, Todd, Wickard,
Wooden—28.
As their names were called,
The PRESIDENT was excused, as before from
voting.
Mr. ECKER asked to be excused; and the re-
quest being denied, voted "no."
Mr, STIRLING said: As the amendment I
offered, and which was adopted the other
day has been defeated, I vote "no."
The report of the committee was according-
ly adopted as the thirty-ninth section of the
legislative article.
Mr. HEBB submitted the following amend-
ment:
"Provided further, that before any trans-
fer shall he made of the interest of the State
in the said Chesapeake and Ohio canal, the
Chesapeake and Ohio canal company shall in
proper form secure to the holders of scrip and
other creditors of said company, the payment
of said scrip and debts.
Mr CHAMBERS. is it in order to amend, af-
ter the section has been adopted under the
previous question?
The PRESIDENT. It stands now as a section
of the report. The gentleman from Allegany
(Mr. Hebb) moves to add to that section. The
section cannot be changed except by recon-
sideration; but it is in order to amend by
adding to it.
Mr. CHAMBERS. Adding to it is to make it
a different section.
Mr. CLARKE. As I understand the rule,
the previous question brought us directly to a
vote upon the pending amendments and the
section. As I understand the object of call-
ing the previous question is to cut offfurther
amendments. We have adopted the section
as it stands.
The PRESIDENT. But you have not passed
over that section. It may be amended, but
not by striking out any part of what the
house has adopted.
Mr. CHAMBERS. This is so important that
I must appeal, upon the ground that we
have decided that that particular section shall
consist of those particular words; and that
it is a violation of that decision of the house
to say that it shall inelude other words.
The PRESIDENT. The chair has decided the
very reverse, that the house has decided to
adopt those words, and that not one single
solitary word of this section can be changed
without reconsideration. What it contains |
